DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7-8, 10-13, 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barry (12,477,973).
Regarding claim 1, Barry discloses a sowing unit for a precision seeder, comprising:
A bracket (14)
A tine share (32) arranged on the bracket for producing a placement furrow for grains of seed, which furrow extends in the direction of travel, in the soil of an agricultural area
A separation device (36) arranged on the bracket (14) for separating grains of seed
A placement device (34) arranged on the bracket for placing the grains of seed which have been separated by the separation device (36) into the placement furrow produced by the tine share (32)
A rolling body (26) arranged on the bracket for supporting the sowing unit against the soil of the agricultural area and/or for depth guidance of the tine share
Wherein the tine share (32) has a furrow opening edge on the front side and forming an obtuse angle with the direction of travel (Figure 10) for opening the placement furrow
Regarding claims 2 and 3, Barry discloses that the tine share (32) has an opening portion located in a front region of the tine share, wherein the furrow opening edge is arranged in the opening portion, wherein the tine share has a forming portion with one or more forming surfaces for forming the placement furrow opened by the furrow opening edge behind the opening portion in the direction of travel and further discloses reconsolidation surfaces (80).
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[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Opening portion )][AltContent: textbox (reconsolidation portion )][AltContent: textbox (Forming portion )]
Regarding claim 5, Barry disclose that the placement device (34) has a placement channel for the separated grains of seed and the placement channel is fastened to the tine share (Figure 8C).
Regarding claim 7, Barry discloses a seed storage container (hopper – column 8 lines 4-12), which is arranged on the bracket and is connected to the separation device (36) via a seed conveying path.
Regarding claim 8, Barry discloses at least one catching element (42) arranged on the bracket (14) for braking and/or pressing the grains of seed placed in the placement furrow via the placement device.
Regarding claim 10, Barry discloses at least one follow up tool (42) arranged on the bracket for closing the placement furrow.
Regarding claim 11, Barry further discloses a preliminary tool (24) arranged on the bracket (14) and arranged in front of the tine share in the direction of travel.
Regarding claim 12, Barry further discloses a fertilizer dosing and/or fertilizer application device arranged on the bracket (14) (column 14 lines 46-59).
Regarding claim 13, the bracket (14) is arranged as a multipart carrier frame (Figure 3).
Regarding claim 15, Barry discloses that the device can include multiple sowing units arranged next to each other transversely to the direction of travel (Figure 1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barry (12,477,973) in view of Official Notice.
Regarding claim 4, Barry discloses the invention as described above but fails to disclose if the opening portion, forming portion and reconsolidation portion of the seep is a one piece integral component. The examiner takes Official Notice that it would have been obvious to one of ordinary skill in the art before the effective to utilize one piece components to reduce assembly and manufacturing requirements. Further, it is noted that it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barry (12,477,973) in view of Garner et al. (2010/0192818).
Regarding claim 6, Barry discloses the sowing unit as described above including a separating device/seed meter, but fails to disclose that the separating device/meter operates using differential pressure. Like Barry, Garner also discloses a separating unit/meter for a planter. Unlike Barry, Garner discloses that the seed meter operates using differential pressure to singulate seeds for planting. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a differential pressure operated seed meter in Barry as taught by Garner as it would be combining prior art devices according to known methods to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barry (12,477,973) in view of Anderson et al. (9,179,593).
Regarding claim 9, Barry discloses the invention as described above including a gauge wheel (26), but fails to disclose that the gauge wheel could be mounted to the side or rearward of the tine share. Like Barry, Anderson also discloses a sowing/planting unit that utilizes gauge wheels. Unlike Barry, Anderson disclose that the gauge wheel can be mounted at various locations on the frame depending on planting needs or field conditions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the gauge wheel to the side or to the rear of the share in Barry as taught by Anderson as it would be combining prior art devices according to known methods to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)). Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See also, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barry (12,477,973) in view of Eichhorn et al. (2019/0254223).
Regarding claim 14, Barry discloses the invention as described above and further discloses a variety of sensors for monitoring the operation of the planter and controlling utilizing actuators it based on the sensed readings. Barry specifically discloses soil moisture sensors (82a,82b) and depth sensors (68) and further discloses that other sensors can be used but fails to specifically disclose a pressure sensor (column 10 lines 19-37). Like Barry, Eichhorn also discloses a planter that utilizes sensors for controlling different aspects of the planter including depth and soil sensors (pgph 0054). Unlike Barry, Eichhorn further discloses the use of downforce sensors. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize downforce sensors in addition to the other sensors in Barry as taught by Eichhorn as it would be combining prior art devices according to known methods to obtain predictable results (KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Garner (2017/0086358) also discloses a tine share with an angled front face.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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